RAMCHANDER MISTRY Vs. STATE

JUDGEMENT

(1.) This application in revision is directed against an order of the Fourth Additional Sessions fudge of Patna allowing the appeal under Section 476-B of the Code of Criminal Procedure and directing the Magistrate to proceed against the petitioner under Section 211 of the Indian Penal Code.

(2.) On 22-4-1961 the petitioner filed an application before the Sub-divisional Magistrate, Patna Sadar, stating inter alia therein that the six persons named in that petition had stabbed to death the wife of one of them Dinesh Mahto. The petition was filed through a lawyer and it was prayed that local Police authorities be directed to seize the dead body before it was too late to arrest the persons (named in the petition) for trial. The petition was referred to Police and a case was instituted on the basis of it. The Police submitted final report as in their opinion it was a case of suicide and not of murder. Thereafter an application was filed on behalf of the Opposite Party before the Sub-divisional Magistrate praying that the petitioner be asked to show cause why he should not be proceeded under Section 211 of the Indian Penal Code. The learned Sub-divisional , Magistrate by his order dated 6-11-1966 refused to make a complaint for prosecution of the petitioner under Section 211 of the Indian Penal Code as in his opinion the petitioner had reasonable ground for Delieving the charge to be true. An appeal against the said order was preferred before the Sessions Judge of Patna which was numbered as Criminal Appeal No. 637 of 1961 and ultimately heard by the Fourth Additional Sessions Judge who passed the order as aforesaid.

(3.) Mr. B.K. Banerjee appearing on behalf of the petitioner has submitted the following two points for our consideration:--